Creditors

Remuneration bid prompts inquiry application

PKF partner Brad Tonks. PKF partner Mark Roufeil. Brad Tonks and Mark Roufeil are getting grief over their decision to defend a set of proceedings whilst appointed receivers of Sahab Holdings, and it’s a species of grief that would not be unfamiliar to insolvency practitioners who’ve had to deal with assets being fought over by families. On Monday Robert Glasson, counsel for the PKF pair…


Creditors set to force ousted VAs to court for fees

Hall Chadwick’s Richard Lawrence. Hall Chadwick’s Richard Albarran. Hall Chadwick’s pair of Richards look set for a disagreeable time chasing upwards of three quarters of a million in fees after being ousted as voluntary administrators (VAs) of Bluechain Pty Ltd. Messrs Albarran and Lawrence were turfed out by an overwhelming majority of creditors at the reconvened first meeting of Bluechain back on May 18, 20…


Bondi InJunction as liquidator resists removal

Liquidator Gavin Moss. Photo: iNO Images The hot sauce of cross examination was in full-flavoured evidence yesterday as iNO took another bite of proceedings in FOGO Brazilia Franchise Holdings Pty Ltd (FBFH). FBFH director, Rebel Sports co-founder and plaintiff Ian Dresner is seeking an inquiry into Chifley Advisory’s Gavin Moss, allegedly for demonstrating a lack of independence and misleading the court. Dresner also wants an…


Language of a colourful kind as rivals clash

Cor Cordis NSW partner Ozem Kassem. Image courtesy Cor Cordis. Daniel Cvitanovic. Image courtesy Worrells. Incendiary language, accusations of insufficient investigations and insinuations around related party proofs – according to its Minutes, the March 10, 2021 meeting of creditors of Ayash Pty Ltd had it all. Steering the meeting towards a vote on a deed of company arrangement (DoCA) that day was Worrells partner Daniel…


Beware the expression of opinions in affidavits

Pitcher Partners’ Andrew Yeo. Andrew Yeo has copped some judicial stick for opinions expressed in an affidavit the Pitcher Partners’ rain maker filed in defence of proceedings brought by Norm Carey, founder of the long since collapsed Westpoint Property Group. In a recent judgment WA Supreme Court Master Craig Sanderson said that Yeo should have kept his views on the legitimacy of Carey’s action to…


Court compels Hall Chadwick duo to reconvene

JP Downey & Co’s Jim Downey. Hall Chadwick’s Richard Lawrence. Richard Lawrence and Richard Albarran have failed in a bid to deny creditors an opportunity to vote to replace them at a first meeting, with a Victorian Supreme Court judge on Wednesday ordering the Hall Chadwick partners to reconvene the first meeting of Bluechain Pty Ltd within seven days. In Re Bluechain Pty Ltd (No…


Liquidator eyes $800k, receivers eye conduct inquiry

PwC’s Andrew Scott. KordaMentha partner Kate Conneely. PwC’s Andy Scott is looking at this point the only obvious winner among the parties scrimmaging over a $2.28 million pot of excess cash Scott has generated in his role as liquidator of Parkway One Pty Ltd and receiver manager of the Parkway One Unit Trust. The other parties – those asserting to be lenders with secured interests…


Fee deal evaporates as judge refuses to terminate

Smith Hancock partner Mike Smith. Smith Hancock partner Rommel Alfonso. A proposal that would’ve seen liquidators Mike Smith and Erwin “Rommel” Alfonso paid $85,275.07 in satisfaction of exisiting and future remuneration claims and costs has been crushed after a judge refused to terminate a winding up despite the applicant’s offer to discharge the company’s debts. As is evident In the matter of Kele Group Holdings…


Administrator forced to adjourn Grocon DoCA vote

Grocon administrator Craig Shepard KordaMentha partner Craig Shepard was forced to adjourn the second meeting of the Grocon Administration Groups (Grocon) yesterday after the ATO proposed a compromise to assuage recalcitrant creditors pushing for a 45 day hiatus. Ahead of the meeting Shepard and his co-administrators Andrew Knight and Mark Korda had been adamant in their recommendation that the deed of company arrangement (DoCA) being…


Liquidator alleged to have knowingly misled court

Liquidator Gavin Moss outside the NSW Supreme Court this week. Never has iNO regretted scheduling a dental appointment more than when an hour of root canal on Wednesday morning led to us missing the moment liquidator Gavin Moss was alleged to have knowingly misled a court. Stoically endured and lavishly anaesthetised discomfort aside, the making of this allegation before NSW Supreme Court judge Kate Williams…